Riley v. State

COBB, Judge.

The defendant appeals from his convictions for aggravated battery, shooting into a building, and possession of a firearm by a convicted felon. He raises several grounds for reversal but we find only one error was committed below, an error in sentencing.

The defendant was sentenced to a minimum mandatory three year sentence of imprisonment on Count I, aggravated battery, based on use of a firearm.

Section 775.087, Florida Statutes provides in subsection (1) for reclassification of a felony (except for one in which the use of a firearm or weapon is an essential element) where during…